State Air Resources Bd. v. Superior Court

In State Air Resources Bd. v. Superior Court (1979) 93 Cal.App.3d 803, plaintiff corporation's president telephoned the general counsel of the Air Resources Board, asking him to accept service on behalf of the board. In reliance upon the president's representation about dismissal of the action as soon as the necessary consent was obtained from a majority of corporation's stockholders, the general counsel executed an acknowledgment of service provided by counsel for plaintiff. Contemporaneous with this service and upon request of the general counsel, plaintiff corporation granted an open-ended extension of time to plead to the board. Nothing happened for 17 months, and plaintiff corporation's counsel notified the Attorney General that a responsive pleading would be required within 30 days. The Attorney General filed a general demurrer and motion to dismiss; a dismissal was ordered as to the state but not as to the board. Upon a writ petition, the board contended that dismissal was required, since service should have been made on the Attorney General pursuant to Government Code sections 940.6 and 955.4. Plaintiff corporation argued that the general counsel's conduct estopped the board from denying service of process. The appellate court affirmed the lower court's determination that estoppel was established. ( Id., at pp. 809-810.)